(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”.

(3)In section 48 (notification of change of name or address)—

(a)in subsection (1)—

(i)the word “or” immediately following paragraph (a) is repealed, and

(ii)after paragraph (b) insert “, or

(c)the name or address of any person who is—

(i)a connected person in relation to the licence holder, or

(ii)an interested party in relation to the licensed premises,”,

(b)after subsection (2) insert—

“(2A)Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the appropriate chief constable.”.

(4)In section 147 (interpretation), after subsection (4) insert—

“(5)For the purposes of this Act, a person is an interested party in relation to licensed premises if the person is not the holder of the premises licence nor the premises manager in respect of the premises but—

(a)has an interest in the premises as an owner or tenant, or

(b)has management and control over the premises or the business carried on on the premises.”.

(5)In section 148 (index of defined expressions), in the table, insert at the appropriate place—

189Occasional licences

“(4)Subsection (5) applies where the Licensing Board is satisfied that the application requires to be dealt with quickly.

(5)Subsections (2) and (3) have effect in relation to the application as if the references to the period of 21 days were references to such shorter period of not less than 24 hours as the Board may determine.”.

(3)In paragraph 10 of schedule 1 (delegation of functions of Licensing Boards), in sub-paragraph (4), after “Board” in the second place where it appears insert “or to a member of staff provided under paragraph 8(1)(b)”.

190Extended hours applications: notification period

(1)Section 69 of the 2005 Act (notification of extended hours application) is amended as follows.

(2)After subsection (3), add—

“(4)Subsections (5) and (6) apply where the Licensing Board is satisfied that the application requires to be dealt with quickly.

(5)Subsections (2) and (3) have effect in relation to the application as if the references to the period of 10 days were references to such shorter period of not less than 24 hours as the Board may determine.

(6)Subsection (3) has effect in relation to the application as if for the word “must” there were substituted “may”.”.

191Extended hours applications: variation of conditions

After section 70 of the 2005 Act insert—

“70AExtended hours applications: variation of conditions

(1)On granting an extended hours application under section 68(1) in respect of a premises licence, the Licensing Board may make such variation of the conditions to which the licence is subject as the Board considers necessary or expedient for the purposes of any of the licensing objectives.

(2)A variation made under subsection (1)—

(a)may have effect only in relation to a period of licensed hours which is extended under section 68(1), and

(b)ceases to have effect at the end of the period for which the extension of the licensed hours has effect under section 68(2).

(3)In subsection (1), “variation” includes addition, deletion or other modification.”.

192Personal licences

(1)The 2005 Act is amended as follows.

(2)In section 74 (determination of personal licence application)—

(a)in subsection (2)—

(i)the word “and” immediately following paragraph (a) is repealed, and

(ii)after paragraph (b) add—

“(c)the notice does not include a recommendation under section 73(4),

(d)the applicant has signed the application, and

(e)subsection (8) does not apply,”,

(b)in subsection (3)—

(i)the word “and” immediately following paragraph (b) is repealed, and

(ii)after paragraph (b) insert—

“(ba)the applicant does not already hold a personal licence, and”, and

(c)after subsection (6) insert—

“(7)Subsection (8) applies if—

(a)all of the conditions specified in subsection (3) are met in relation to the applicant,

(b)the Board has received from the appropriate chief constable a notice under section 73(3)(a), and

(c)the applicant has held a personal licence which—

(i)expired within the period of 3 years ending on the day on which the application was received, or

(ii)was surrendered by the applicant by notice under section 77(6) received within that period.

(8)The Licensing Board may—

(a)hold a hearing for the purposes of considering and determining the application, and

(b)after having regard to the circumstances in which the personal licence previously held expired or, as the case may be, was surrendered—

(i)refuse the application, or

(ii)grant the application.”.

(3)In section 76 (issue of licence), after subsection (3) add—

“(4)A person who holds a void personal licence must surrender it to the Licensing Board.

“(3A)A replacement personal licence is void if at the time it is issued the personal licence in respect of which it was issued is not lost, stolen, damaged or destroyed.

(3B)Where a replacement personal licence is issued in respect of a personal licence which has been lost or stolen, the replacement personal licence becomes void if the personal licence is subsequently found or recovered.

(3C)A person who holds a void replacement personal licence must surrender it to the Licensing Board.

(1)Subsection (2) applies where, on or in relation to any licensed premises, a person commits an offence to which this section applies while acting as the employee or agent of—

(a)the holder of the premises licence, or

(b)an interested party.

(2)The holder of the premises licence or, as the case may be, the interested party is also guilty of the offence and liable to be proceeded against and punished accordingly.

(3)It is a defence for a holder of a premises licence or an interested party charged with an offence to which this section applies by virtue of subsection (2) to prove that the holder of the licence or, as the case may be, the interested party—

(a)did not know that the offence was being committed by the employee or agent, and

(b)exercised all due diligence to prevent the offence being committed.

(4)Proceedings may be taken against the holder of the premises licence or the interested party in respect of the offence whether or not proceedings are also taken against the employee or agent who committed the offence.

(5)This section applies to an offence under any of the following provisions of this Act—

section 1(3),

section 15(5),

section 63(1),

section 97(7),

section 102(1),

section 103(1),

section 106(2),

section 107(1),

section 108(2) or (3),

section 113(1),

section 114,

section 115(2),

section 118(1),

section 119(1),

section 120(2),

section 121(1),

section 138(5).”.

196False statements in applications: offence

After section 134 of the 2005 Act insert—

“134AOffence of knowingly making a false statement in an application

(1)A person who knowingly makes a false statement in an application under this Act commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.

197Powers of Licensing Standards Officers

(1)Section 15 of the 2005 Act is amended as follows.

(2)The section title becomes “Powers of entry, inspection and seizure”.

“(c)power to take copies of, or of an entry in, any document found on the premises, and

(d)power to seize and remove any substances, articles or documents found on the premises.”.

(4)In subsection (3)—

(a)for “either” substitute “any”, and

(b)in paragraph (b), after “information” insert “or explanation”.

(5)After subsection (4) insert—

“(4A)Subsection (3)(c) includes power to require any document which is stored in electronic form and which is accessible from the premises to be produced in a form—

(a)in which it is legible, and

(b)in which it can be removed from the premises.

(4B)Nothing in subsection (3) requires a person to produce any document if the person would be entitled to refuse to produce that document in any proceedings in any court on the grounds of confidentiality of communications.

(4C)Nothing in subsection (3) requires a person to provide any information or explanation or produce any document if to do so would incriminate that person or that person’s spouse or civil partner.”.

(6)After subsection (6) insert—

“(7)The Scottish Ministers may by regulations make further provision about the procedure to be followed in the exercise of a power under this section.

(8)Where a Licensing Standards Officer seizes any substance, article or document under subsection (2)(d), the Officer must leave on the premises a notice—

(a)stating what was seized, and

(b)explaining why it was seized.

(9)The Scottish Ministers may by regulations make provision about the treatment of substances, articles or documents seized under subsection (2)(d).

(10)Regulations under subsection (9) may, in particular, make provision—

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